Naumova K. Regulatory legal acts of the local authorities and officials in the system of the municipal law resources in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U006084

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

11-12-2017

Specialized Academic Board

Д 64.086.04

Essay

This thesis is the first complex research in the national legal science, which analyses the doctrinal approaches to the determination of the notions of the municipal law and their classification. Consistently provides an insight into the nature and essence of the regulatory legal acts of the agencies and officials of the local self-government, analyses their typological diversity, legal forces, development order, making and realization, and also determines their place in the system of the Ukrainian municipal law resources and in the national legal system in general, determines the perspectives of their further development within the constitutional process of the public government decentralization. As a result of the research, a set of scholarly provisions and conclusions were formulated suggested by the degree-seeking fellow. Thus, the authorial definitions were provided of the legal act of the local self-governmental agencies or officials and regulatory legal act of the local self- governmental agencies or officials for the first time in domestic science. Legal act of the local self-governmental agencies or officials is the official written document which is an external legal form of recording the substantial elements of the legal system (legal norm or individual regulatory guides), passed by the corresponding local government subject within its competence in the issues of local significance or in the issues of exercising the separate national authorities, transferred to the local governmental agencies according to the national laws, mandatory on the territory of the correspondent administrative and territorial unit of the local self-government and provided with the national enforcement methods. Regulatory legal act of the local governmental agencies or officials is an official written document published as applicable which is a component of the general system of the law resources and external legal form of recording the legal norms passed by the corresponding local self-government subject within its competence complying with the approved procedure, mandatory within the corresponding administrative and territorial unit of local self-government and provided with the national enforcement method. The work gives a rather broad classification of the regulatory legal acts by local self-government authorities and officials, which has both theoretical and practical value. This is especially evident in determining the competence of subjects in relation to their adoption, territory, persons, time of action, scope of implementation, overcoming conflicts, etc. The article argues that there is no hierarchical link between subordinate regular acts of public authorities and regular acts of local self-government because of the existence of its own subject and territorial jurisdiction, which is not duplicated with the subordination of state authorities. Collisions between the statutory instruments of the national power agencies and the local governmental acts shall not be considered from the hierarchical point of view, on condition of the acknowledgement of independence of the local government such collisions shall be settled only through the rules of overcoming the conceptual collisions, i.e. through the differentiation between the competences of the agencies between the acts of which such collision appeared. The thesis describes the current state of legal regulation of the lawmaking process in local self-government authorities in Ukraine. The author formulates and provides scientific and practical recommendations for the improvement of the current legislation of Ukraine in the sphere of publication of regulatory legal acts of authorities and officials of local self-government. The draft Provision was elaborated on the legal acts of the local self-government.

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